Search Decisions

Decision Text

ARMY | DRB | CY2014 | AR20140011876
Original file (AR20140011876.txt) Auto-classification: Denied

1.	APPLICANT’S NAME:      

	a.	Application Date:  25 June 2014

	b.	Date Received:      30 June 2014

	c.	Counsel:                None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation.  The applicant states, in effect, he was diagnosed with Post Traumatic Stress Disorder (PTSD), anxiety and paranoia as a result of his deployment.  He desires to receive VA benefits to further his education.  In a records review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Pattern of Misconduct/AR 635-200, Paragraph 14-12b/JKA/RE-3/General, Under Honorable Conditions.

	b.	Date of Discharge:  31 August 2013

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  29 May 2013

		(2)	Basis for Separation:  The applicant was informed of the following reasons:

                     12 April 2013, wrongfully purchasing alcohol for two PV2s, both were under the age of twenty-one,

                     12 April 2013, he disobeyed an order from SGT E., by driving his privately owned vehicle (POV), after being told not to because of a failed POV inspection,

                     3 April 2013, he failed to report for road guard detail,

                     9 March 2013, made a false official statement to an Air Force Security Forces Officer by stating the vehicle he was in did not strike any other vehicles,

                      27 February 2013, he was derelict in the performance of his duties, by failing to maintain accountability of his body armor, and

                      29 January 2013, disobeying a lawful order from SGT K., to draw his weapon from the arms room and clean it.

                     


		(3)	Recommended Characterization:  General, Under Honorable Conditions Discharge

		(4)	Legal Consultation Date:  14 June 2013 

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  28 June 2013

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  11 January 2010/3 years and 19 weeks

	b.	Age at Enlistment/Education/GT Score:  19 years/HS Graduate/91

	c.	Highest Grade Achieved/MOS/Total Service:  SPC/E-4/11C1P, Indirect Fire Infantryman/3 years, 7 months and 20 days
  
	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  Alaska/SWA/Afghanistan (5 December 2011-10 October 2012).
  
	f.	Awards and Decorations:  ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR-2, NATO MDL, CIB.
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  The applicant received several negative counseling statements for various acts of misconduct.
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  None; additionally the applicant’s responses to the TBI and PTSD tests were negative.

5.	APPLICANT-PROVIDED EVIDENCE:  DD Form 293; DD Form 214; self-authored statement (two pages); two character statements; several DA Forms 2823 (Sworn Statement); physical exam checklist; Report of Medical Assessment/medical documents (thirteen pages); applicant’s OMPF documents (seventeen pages); District Court of the State of Alaska, Third Judicial District at Anchorage documents; and a letter, Chief, Congressional Liaison and Inquiries with associated documents (seventy pages).

6.	POST SERVICE ACCOMPLISHMENTS:  None submitted by the applicant.





7.	REGULATORY CITATION(S):  Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave.  Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation.
Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civil or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civil law and time-honored customs and traditions of the Army.

8.	DISCUSSION OF ISSUE(S): The applicant seeks relief contending, he was diagnosed with PTSD, anxiety and paranoia as a result of his deployment.  He desires to receive VA benefits to further his education.

The applicant requests an upgrade of his characterization of service.  The applicant had a documented pattern of misconduct including several negative counseling statements for driving his POV after failing an inspection, reporting late for duty, being arrested for making a false official statement, failing to secure military equipment, failing to follow instructions and pending separation for a pattern of misconduct.  By the pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  Therefore, “Pattern of Misconduct” is the appropriate reason for his discharge, and a general, under honorable conditions discharge was warranted.

The applicant contends he was diagnosed with PTSD, anxiety and paranoia as a result of his deployment.  The service record contains no evidence of a PTSD, anxiety or paranoia and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.

The applicant desires to receive VA benefits to further his education.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.











9.	BOARD ACTION DIRECTED:  

	a.	Issue a new DD-214:  		No

	b.	Change Characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA	


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board

























Legend:
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	 	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140011876

1

Similar Decisions

  • ARMY | DRB | CY2015 | AR20150002973

    Original file (AR20150002973.txt) Auto-classification: Denied

    REQUEST, REASON, ISSUES, BOARD TYPE AND DECISION: The applicant requests an upgrade from general, under honorable conditions discharge to honorable. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Drug Abuse)/AR 635-200, Paragraph 14-12c(2)/JKK/RE-4/General, Under Honorable Conditions b. Date of Discharge: 27 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant’s record is void of the...

  • ARMY | DRB | CY2015 | AR20150003269

    Original file (AR20150003269.txt) Auto-classification: Denied

    The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. There is no evidence in the record, nor has the applicant produced any evidence to...

  • ARMY | DRB | CY2013 | AR20130019223

    Original file (AR20130019223.txt) Auto-classification: Denied

    On 10 August 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement on his behalf. On 19 September 2012, the separation authority reviewed the Medical Evaluation Board (MEB) packet and recommended the...

  • ARMY | BCMR | CY2013 | 20130010825

    Original file (20130010825.txt) Auto-classification: Denied

    A year after returning from Iraq, the applicant was separated from the Army with a general discharge due to his drug use. He also reported being in a psychiatric hospital three times since returning from Iraq. He dismounted the vehicle ready for whatever could happen while outside working on the vehicle.

  • ARMY | DRB | CY2013 | AR20130006275

    Original file (AR20130006275.txt) Auto-classification: Denied

    He completed 4 years, 2 months, and 19 days of active duty service for the period under review. On 10 March 2011, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. Specifically, this service member does not have Post-Traumatic Stress Disorder nor does he have any TBI;" and, a 25 January 2010 DA Form 8003, Army Substance Abuse Program (ASAP) Enrollment which cites diagnoses of both alcohol dependence and...

  • ARMY | DRB | CY2015 | AR20150000502

    Original file (AR20150000502.txt) Auto-classification: Denied

    Two negative counseling statement dated 24 February 2013 and 12 March 2013, for DUI with a BAC of .077 and notification of separation action under the provisions of Chapter 14. i. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant also contends he’s having issues enrolling for education benefits.

  • ARMY | BCMR | CY2015 | 20150001589

    Original file (20150001589.txt) Auto-classification: Denied

    Records show he served in Iraq during the following periods: * 6 February to 3 July 2003 * 21 October 2005 to 20 October 2006 * 8 June 2008 to 4 September 2009 3. It was concluded that the applicant’s mild sleep apnea that corrects to a normal AHI and Epworth Score with CPAP meets Army retention standards IAW AR 40-501, chapter 3-41c. He reported headaches at a pain level of 6/10, which improved to 3/10 with Maxalt medication.

  • ARMY | DRB | CY2013 | AR20130009988

    Original file (AR20130009988.txt) Auto-classification: Denied

    The evidence contained in the applicant’s service record indicates that on 11 December 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason misconduct-abuse of illegal drugs. On 14 March 2013, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of under other than...

  • ARMY | DRB | CY2014 | AR20140012441

    Original file (AR20140012441.txt) Auto-classification: Denied

    REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade the characterization of his discharge from general, under honorable conditions to honorable. The service of Soldiers separated because of unsatisfactory performance for failure to meet physical standards will be characterized as honorable or general, under honorable conditions. DISCUSSION OF ISSUE(S): The applicant requests to upgrade the characterization of his discharge from general, under honorable...

  • ARMY | DRB | CY2013 | AR20130001312

    Original file (AR20130001312.txt) Auto-classification: Denied

    On 25 October 2010, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. Twenty-four negative counseling statements that are dated between 11 February 2010 and 31 August 2010, which include, failing to report to duty on time (multiple times), failing to maintain finances, being late for work, wearing PT uniform improperly, lying to a commissioned officer, lying to a NCO, knowingly operating a motor vehicle...